BOUNCE NEWS TERMS AND CONDITIONS
BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS.
1. ABOUT OUR TERMS AND CONDITIONS
The general use of our Services, Platforms and any content on our Platforms is governed by our Terms. "Content" refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.
We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.
Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.
2. CONTENT ON OUR PLATFORMS OR SERVICES AND INTELLECTUAL PROPERTY RIGHTS
Bounce News owns or is entitled to use all of the Content made available on our Platforms or through our Services.
Subject to these Terms, you may not, unless with our express consent
- reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
- decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
- incorporate the Content into any other content for whatever purpose;
- remove any legal notices (such as copyright, trademark or other proprietary rights notices) in or on the Content; or
- frame any portion of a web page that is part of our Platforms or Services.
You may retrieve, store, cite or refer to or print Content from any of our Platforms or Services for educational, research, non-commercial, private or personal use only, as provided for under applicable intellectual property laws.
Use of Content in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service
- does not copy or provide the whole article, as it appears on our Platforms or Services, but only provides a short summary of the contents of the article;
- acknowledges us as the source of the Content;
- provides a correct and working hyperlink to the source of the Content or article on our Platform;
- acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on our Platform;
- includes the date upon which the Content was sourced from our Platforms in the summary of the Content; and
- the summary does not distort or misrepresent the content of the information in the original article.
The caching of Content on our Platforms shall only be allowed if
- the purpose of the caching is to make the onward transmission of the Content from our Platform more efficient;
- the cached Content is not modified in any manner whatsoever;
- the cached Content is updated at least every 12 (twelve) hours; and
- the cached Content is removed or updated when so required by us.
You may quote small and reasonable amounts of Content available from our Platforms only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted Content is provided as a footnote to such quote.
Apart from bona fide search engine operators and use of the search facility provided on our Platforms, you may not use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy Content from our Platforms for any purposes, without our prior written consent.
All licenses and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us at any time without giving reasons therefore.
You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.
Bounce News will own all compilations, collective works or derivative works created by us which may incorporate your Content.
You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. To the full extent permitted by applicable law, we shall have no obligations to you or any third party with respect to such Content.
You agree to adhere to applicable laws and our User Rules when posting or transmitting any Content or material to our Platforms or Services.
Third Party Content
Our Platforms or Services may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content or any other third party content ("Third Party Content").
You acknowledge that the Third Party Content
- is beyond the control of Bounce News and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
- cannot be verified by Bounce News, and that Bounce News cannot be expected to determine its accuracy or reasonableness; and
- may contain representations, statements or information which does not represent the views, opinions or beliefs of Bounce News, its associates, directors, employees or affiliates.
The parties shall use their best endeavours to resolve any disputes that may arise between the parties amicably. Should the parties be unable to resolve such a dispute despite their best efforts and after having exhausted all internal remedies and procedures, then you agree that any such dispute shall be referred to arbitration and finally resolved in terms of the Nigerian Arbitration and Conciliation Act, 1988, or in terms of the rules of the Chartered Institute of Arbitrators (UK) Nigeria Branch or the Chartered Institute of Arbitrators Nigeria, if either of the parties to the dispute are members of these arbitral bodies. Such arbitration shall be held in Lagos or Abuja, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal.
The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
You must send any notice or legal process relating to the Terms to the following address by registered post: Bounce News, 23 Ikosi Road, Oregun, Ikeja, Lagos, Nigeria.
5. THIRD PARTY GOODS, SOFTWARE AND SERVICES
We may offer services or products of third parties, or our Services in conjunction with that of third parties.
We provide such services or products subject to the terms, conditions and limitations imposed by those third parties.
If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider.
When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that
- we are not a party to the contract between you and the third party;
- we are under no obligation to monitor the third party service used by you;
- the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. We will not be liable to you for any reason under the contract with the third party;
- you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
6. USER IDS
In order to access and use our Platforms or Services you must –
- register or subscribe to use our Platforms or Services, where you will create, or we will allocate you, a username, password or other log-in ("User ID");
- login using your User ID; and
- comply with the Terms.
Your User ID is personal to you. You
- must keep your User ID confidential and not disclose it to any third party;
- must inform us promptly if a third party gains access to your User ID;
- are responsible for all payments, use of, or activity on our Platforms or Services under your User ID;
- will not do multiple log-ins simultaneously (log-in at any one point in time more than once using the same User ID);
- will not circumvent our User ID authentication procedures or systems;
- are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your User ID.
While a User ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
You will also not retain any entitlements to your User ID once this agreement ends.
You will sign out from your account at the end of each session.
While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.
Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We reserve the right to modify or discontinue the Platforms and/or Services, or any features, at any time without notice to you.
8. SECURITY AND PRIVACY
We will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services or the Content thereon.
You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network.
We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
9. APPLICATION LICENSE
Each of our mobile applications ("Apps") is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with these Terms, we grant you for each of our Apps you have downloaded, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of each of our Apps on a mobile device that you own or control and to run such copy solely for your own personal purposes. You may not rent, lease, lend, sell, redistribute or sublicense our Apps. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with our Apps).
The terms of the license will govern any updates that replace and/or supplement the original Apps.
The license is effective until terminated by you or us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms. Upon termination of the license, you shall cease all use of the Apps, and destroy all copies, full or partial, of the Apps. The termination of this licence will not affect your rights or remedies, or ours, for the period prior to termination, or those rights and obligations which the license intends, either expressly or by implication, to survive beyond termination.
10. DISCLAIMER AND LIMITED LIABILITY
You use our Platforms and Services at your own risk.
While we endeavour to ensure that the information on our Platforms or Services is correct, we do not warrant the accuracy and completeness of Content on our Platforms or Services or that the Content and technology available from our Platforms or Services are free from errors or omissions, or that it will meet your individual tastes, preferences or expectations.
We may make changes to the Content on our Platforms or Services at any time without notice. The Content on our Platforms or Services may be out of date, and in this regard, we make no commitment to update such Content.
To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Platforms or Services or Content provided from or through our Platforms or Services.
Our Platforms and Services are supplied on an "as is" basis and have not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on our Platforms or Services should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms or Services.
Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Platforms or Services and e-mails sent to our Platforms or Services are not editorially controlled by us and therefore we cannot be held liable (whether in delict, criminal, administrative or other law) for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).
11. GENERAL TERMS
These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms or using our Services.
Bounce News may cede, transfer or assign its rights and obligations under the Terms to a third party without your consent.
You may not cede, transfer or assign your rights or obligations under the Terms to a third party without the written consent of Bounce News.
If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the relevant provisions of any applicable laws which may not be overridden or set aside by agreement are complied with.
The Terms are governed by and interpreted in accordance with the laws of Nigeria without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of Nigeria, in respect of all proceedings arising out of or pursuant to the Terms.
You agree that we may (but are not obliged to) intercept or monitor all communications sent or posted by you to our Platforms, Services or our employees. You agree that the consent provided herein by you satisfies any "writing" requirement prescribed in law.
You can contact us by sending an email to firstname.lastname@example.org
We will send any notice or legal process relating to the Terms to the address you provided when you registered to use our Platform or Service, as amended by you from time to time. It is your responsibility to update your address whenever it changes.